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How a Criminal Charge Can Affect Your Immigration Status in the U.S.

October 31, 2025

Criminal Defense

When a non-citizen is charged with a crime in the United States, the potential consequences extend far beyond the courtroom. Even minor offenses that might seem routine under state law can trigger severe immigration penalties, including detention, deportation, or the loss of lawful permanent resident status. For immigrants living, working, or studying in the U.S., a single criminal charge can threaten years of hard work and family stability.

U.S. immigration law treats certain criminal convictions as grounds for inadmissibility or deportability. This means a person may be denied entry, lose a pending immigration benefit, or face removal from the country. In many cases, the most serious consequences occur not from the criminal penalties themselves but from how immigration authorities interpret those offenses. Understanding how these laws interact is essential to protecting both your record and your right to remain in the country.

Common Criminal Charges That Impact Immigration Status

Not all criminal offenses carry the same immigration consequences. However, even seemingly minor charges can have lasting effects if they fall into specific legal categories. Some of the most common offenses that affect immigration status include:

  • DUIs or DWIs: While a single DUI may not always lead to removal, multiple offenses or aggravating factors such as injury, a minor in the vehicle, or property damage can severely complicate immigration proceedings.
  • Drug Offenses: Crimes involving controlled substances, including possession or distribution, are among the most dangerous for immigrants. Even small amounts can lead to mandatory removal.
  • Theft or Fraud-Related Crimes: Offenses like shoplifting, credit card fraud, or forgery are often considered “crimes involving moral turpitude,” which can trigger deportation or bar reentry.
  • Domestic Violence: Convictions or even protective order violations can make a non-citizen deportable under federal law.
  • Firearm or Weapon Offenses: Non-citizens convicted of unlawful possession or use of firearms face automatic immigration penalties.

Because immigration law classifies offenses differently than state criminal law, it is critical to work with an attorney who understands both systems. The attorneys at Bartell, Georgalas & Juarez provide specialized representation that addresses both the criminal defense and immigration aspects of each case.

How Criminal Charges Affect Green Card Holders

For lawful permanent residents, also known as green card holders, a criminal conviction can threaten their right to remain in the United States. Although holding a green card grants long-term legal status, it does not make someone immune from removal. Certain crimes can cause the government to begin deportation proceedings or deny future immigration benefits such as citizenship.

Green card holders are particularly vulnerable if the offense is categorized as an aggravated felony or a crime involving moral turpitude. These include serious charges such as fraud, drug trafficking, sexual offenses, or violent crimes. However, even lesser convictions can create problems when the individual applies for naturalization. USCIS reviews an applicant’s criminal history to determine whether they demonstrate “good moral character.” Multiple minor offenses, or even one conviction with specific sentencing details, can lead to a denial.

In some cases, a green card holder may not realize that a plea deal or diversion program could still have immigration consequences. A guilty plea, even one that avoids jail time, can still be considered a conviction under immigration law. This is why it is essential for non-citizens to seek legal advice from attorneys who are experienced in both criminal and immigration defense before making any decisions in a criminal case.

Defending Against Criminal Charges with Immigration Consequences

Successfully defending a non-citizen accused of a crime requires careful coordination between criminal defense and immigration law strategies. A conviction that seems minor under state law might still carry severe immigration consequences, so attorneys must look for outcomes that preserve their client’s status. This can involve seeking charge reductions, pursuing dismissal, or negotiating plea agreements that avoid triggering removal.

Attorneys who focus solely on criminal defense may not fully understand how a particular conviction affects immigration status. Likewise, an immigration attorney without criminal defense experience may overlook opportunities in the criminal process to protect the client’s future. The team at Bartell, Georgalas & Juarez brings both areas of experience together, representing clients in municipal, state, and immigration courts throughout Ohio. Their approach ensures that every legal decision considers both short-term defense and long-term immigration impact.

Protecting Your Immigration Status After a Criminal Conviction

If you have already been convicted of a crime, it may still be possible to protect your immigration status through post-conviction relief or other legal remedies. Motions to vacate convictions, sentence modifications, and legal reclassifications can sometimes eliminate the immigration consequences of a criminal record. These options depend on the specific facts of the case, the type of offense, and how the conviction was entered.

In addition, immigrants who face removal may be eligible for waivers or other forms of relief. For example, certain long-term residents can apply for cancellation of removal if they meet specific hardship criteria. Others may qualify for asylum, withholding of removal, or family-based waivers. Each case requires a thorough legal review to determine the best strategy for defense and protection.

Even if your case seems hopeless, you should never assume that deportation is inevitable. With experienced legal help, it is often possible to reduce charges, challenge evidence, or pursue an appeal that keeps you and your family together.

Why Choosing the Right Attorney Matters

The intersection of immigration and criminal law is one of the most complex areas of legal practice. A simple mistake or uninformed plea can destroy years of progress toward lawful status. Choosing a firm that understands both systems is the best way to protect your rights and your future in the United States. The attorneys at Bartell, Georgalas & Juarez are experienced in handling cases involving DUI, drug crimes, domestic violence, theft, and other offenses that threaten immigration standing. They work closely with clients to build strategies that defend freedom, preserve green card status, and maintain eligibility for future immigration benefits.

Whether you are facing your first criminal charge or dealing with the consequences of a past conviction, early legal intervention is essential. An experienced attorney can explain how each decision affects your immigration status and help you take steps to minimize damage before it becomes irreversible.

Get the Legal Defense You Need to Protect Your Future

If you are an immigrant or green card holder charged with a crime, your future in the United States may be at risk. The attorneys at Bartell, Georgalas & Juarez provide focused, compassionate, and strategic representation for non-citizens facing criminal charges. Their deep understanding of immigration law and criminal defense allows them to design strong, comprehensive strategies that protect clients in both courtrooms.

Your legal status, your job, and your family relationships are too important to leave to chance. Let us help you understand your rights, build your defense, and secure your future in the U.S. To speak with an attorney who understands the unique challenges immigrants face, contact us today.

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